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Failure to Specify Relevant misreporting Limb invalidates Section 270A Penalty Proceedings

April 14, 2025 1122 Views 0 comment Print

ITAT Pune removes Section 270A penalties due to defect in penalty notice lacking reference to specific misreporting clause. Appeals allowed for two assessment years.

Absence of clear & precise Section 270A notice: ITAT Pune deletes Penalty

April 14, 2025 1698 Views 0 comment Print

ITAT Pune deletes Section 270A penalty on salaried assessee due to lack of specific clause in penalty notice and reliance on tax consultant’s actions.

Section 68 Inapplicable: Depositor Identity, Source Established & Recorded in Books

April 12, 2025 5826 Views 0 comment Print

ITAT Chennai rules on Sakthi Realty case, deleting additions for unexplained deposits. Details on customer deposits, tax assessment, and tribunal’s decision.

Section 272A(1)(d) Penalty Limited to First Default, Not Each Notice: ITAT Surat

April 12, 2025 21537 Views 0 comment Print

ITAT Surat rules penalty under Section 272A(1)(d) must be limited to first default, not per notice. Penalty reduced to ₹10,000 due to partial non-compliance.

Section 271(1)(c) Penalty cannot be levied on estimated income: ITAT Surat  

April 12, 2025 1242 Views 0 comment Print

ITAT Surat rules no penalty under Section 271(1)(c) if income is assessed on estimate. Penalty deleted as disallowances were based on turnover estimation.

Section 263 revision cannot exceed reassessment scope: ITAT Kolkata

April 12, 2025 1209 Views 0 comment Print

ITAT Kolkata rules Sec 263 cannot exceed reassessment scope, limits revision period. Disallowances u/s 40A(3) sent back for scrutiny.

Addition merely based on entries found in seized dairy not sustainable: ITAT Delhi

April 12, 2025 993 Views 0 comment Print

ITAT Delhi held that addition merely on the basis of entries found in the seized diary without any corroborative evidence and without any independent enquiry by AO is not sustainable. Accordingly, addition made by AO is deleted.

Cash transaction between sister concerns: ITAT Kolkata Deletes Section 271E Penalty

April 12, 2025 1305 Views 0 comment Print

ITAT Kolkata removes ₹1 crore penalty under Sec 271E, ruling cash transaction between sister concerns as reimbursement, not loan repayment.

ITAT Kolkata Allows Partner Salaries, Staff Expenses, & Other Business Costs  

April 12, 2025 603 Views 0 comment Print

Kolkata ITAT allows appeal by Youth Potent Potation, overturning disallowances on partners’ salary, staff expenses, accounting charges, and donations for AY 2015-16.

Uploading of DRP directions on ITBA portal amounts to receipt by AO: ITAT Kolkata

April 12, 2025 1083 Views 0 comment Print

ITAT Kolkata held AO’s order under Section 144C(13) was passed beyond limitation; quantum appeal allowed, stay application dismissed.

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